Bail denied to 2 persons booked under NDPSA

By
Daily Excelsior
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Excelsior Correspondent
SRINAGAR, Aug 11: Incharge Principal Sessions Judge Anantnag Khalil Ahmad Choudhary has denied bail to two persons, who were booked under Narcotics Drugs and Psychotropic Substances Act (NDPSA).
The accused person namely hahid Ali, son of Ali Mohammed Dar and Jan Majeed Makroo, son of Ab Majeed Makroo, both the residents of Bijbehara, were arrested by the police along with narcotic substances.
In case of Shahid Ali, the court observed, “in the present matter charge sheet has not been presented. FSL report is awaited. Since the investigation is at initial stage and in case accused is admitted to bail at this stage, there is every apprehension that he may flee from the law and definitely win over the prosecution witnesses”.
“Further the enactment of the NDPS Act is to curb the ever increasing menace of drug peddling and illegal sale and its ramifications on the society and cause for increase in the crime rate, nature and seriousness of accusation against the applicant, the character of evidence, circumstances which are peculiar to the accused, the larger interest of the society and State are also to be taken into consideration”, the court said while rejecting the bail application.
In case of Jan Majeed Makroo, the court observed, “keeping in view the magnitude of accusation against the accused the application merits rejections”, adding “the whole quantity of the contraband is to be taken into account for deciding criminality of the accused”.
“The recovered quantity from the accused is above commercial quantity and besides fine, 20 years imprisonment has been prescribed on such offence and also there is complete statutory bar for grant bail to the petitioner”, the court said, adding “the accused can be released on bail if the court is satisfied that prima facie he is not involved in the offence. The offence committed by the accused is heinous and is against the society. Stringent law has been enacted by the legislature keeping in mind the heinousness of offence”.

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